Script- Employment Law



Interview Script

INTRO

Ms./Mr. ________________, Hello, I’m Tara McKenzie. This is my partner Catherine De Coro. Please have a seat. Yes, right over here … Did Alicia offer you a beverage?

Before we get started, allow us tell you a little about ourselves. Catherine and I have been practicing law for 6 years. For the last 3 years we’ve been here at Morris, Klein and Smith advising on employment problems. We understand that you have an employment problem. Is that correct? ______ Good.

CONFIDENTIALITY

Have you ever seen an attorney before? Yes? So you understand that we’re bound by strict confidentiality and that we can’t divulge anything you say to us today without your permission.

No? Well, as attorney’s we’re obligated to practice strict confidentiality with regard to our clients and potential clients. That means we can’t divulge anything you say to us without your permission. The exception is if you tell us you’re planning to commit a crime, or something of that nature. Now, we’ll be taking notes because what you say to us is important. But this confidentiality requirement does extend to anyone who may see your file in doing their jobs- basically our firm’ staff paralegals, secretaries, and the like. There may also be a time when we need to consult with another attorney with regard to your case. If that happens we’ll ask for your permission to disclose that information.

Catherine, do you want to go over the how the administrative issues?

CONSULTATION OVERVIEW- PRICE & STRUCTURE

I would like to discuss fees with you.

Prior to our meeting, you have given our receptionist Alicia $100, that is what we charge for a consultation fee and we’ll spend approximately half an hour together.

What we agree to do is to see you for about a half hour, listen to your situation, and try to set out a course of action, or possibly several options open to you.

However, let’s be clear, this is just a one-shot deal. At this point we are not agreeing to represent you in the future and you are not committing yourself to retaining us as your attorneys.

After we talk and discuss your options, we will talk about the next steps, which might include entering into an attorney-client relationship.

FACT FINDING/LISTENING

▪ INITIAL QUESTION- Open Ended Be empathetic! Offer water, tissues, “take deep breaths”

▪ FOLLOW-UP QUESTIONS- Issue 1

o Specific details: dates, times, names, exact words/examples

o Probe legal issues

o Other side of the story- what would XX say?

o Recourse Taken: complaints, warnings, etc.- what if anything did you do?

o Ask for Evidence: documents, witnesses

o Opportunities for negotiation- what does client want? Other side?

▪ FEEDBACK ON ISSUE 1

▪ ANYTHING ELSE ON ISSUE 1?

▪ FOLLOW-UP QUESTIONS- Issue 2

o Specific details: dates, times, names, exact words/examples

o Probe legal issues

o Other side of the story- what would XX say?

o Recourse Taken: complaints, warnings, etc.- what if anything did you do?

o Ask for Evidence: documents, witnesses

o Opportunities for negotiation- what does client want? Other side?

▪ FEEDBACK ON ISSUE 2

▪ ANYTHING ELSE ON ISSUE 2?

▪ FOLLOW-UP QUESTIONS- Issue 3

o Specific details: dates, times, names, exact words/examples

o Probe legal issues

o Other side of the story- what would XX say/do?

o Recourse Taken: complaints, warnings, etc.- what if anything did you do?

o Ask for Evidence: documents, witnesses

o Opportunities for negotiation- what does client want? Other side?

▪ FEEDBACK ON ISSUE 3

▪ ANYTHING ELSE ON ISSUE 3?

Continue until all issues addressed…

CLIENT OBJECTIVE- Okay, so I think we have a good understanding of the situation you’re in. At this point, what would you like to happen?

1. Do you want to keep your job/worker?

2. How able are you to find other employment/workers?

3. Do you want/need money?

4. Are you concerned about:

a. image,

b. work environment,

c. work schedule,

d. litigation

e. protecting 3rd parties- non-clients/non-adversaries

f. personal conflicts at work with co-worker/boss/employee

Determine whether to accept, refer, or hold-off on offering representation!

RECAP- STATE EACH ISSUE grouped into factual clumps

LIST OPTIONS/WHAT WE CAN & CAN’T DO FOR YOU- Let Client Decide

▪ First step

▪ Second step ?

▪ Disclaimer: Employor/ee action is uncertain- termination or negative action may occur.

▪ Explain fee arrangement/retainer agreement

Well, I certainly think, from what you have told me, that you run the risk of being terminated if you complain about your situation further. I’m not saying that the way that you are being treated is “right” from either a legal or moral sense…I can certainly understand why you are upset and why you are concerned for the future. However, I want you to be sure that you want us to take some action…knowing that your might get terminated. We can only predict, we cannot control, what your boss might do.

I would suggest that we write a letter to your boss that points out where we think he is treating you unlawfully…especially on the matter of uncompensated overtime and bonuses. If he changes things satisfactorily, well, that will be the end of it. It will probably take around one or two hours to write such a letter—because I want to do research so that I can properly cite the sections in the labor code, or send him law cases that are pertinent. We charge $200/hour and we will apply the consultation fee that you gave us today against your balance.

If he reacts badly, by making negative entries in your personnel file, or by terminating you, for example, than we will need to rethink matters. Then I’d like you to make an appointment to meet with us and we can develop another plan of action. That will require entering into another retainer agreement and fee arrangement.

When we do hourly work, we change $200/hour. Some case we take on a contingency agreement which means that we won’t charge you anything, except for legal costs. However, if we win the case, then we will get paid a percentage of your award. The percentage will vary depending on whether the case settles or goes to trial. Some cases can be brought under some code sections that allow for fee shifting…this means that if we win that the other side has to pay our fee.

So right now I don’t know how it will look…we will have to see what action he takes in response to our letter and we can discuss what we will do and how we will get paid at a later appointment…..

For now I want to confirm in a letter with you what we discussed today. I will ask you to sign it and return it to us. When I get it back I will begin work on your case. Which means that I will do the research and write the letter to your boss, hoping that that will resolve matters.

WHAT YOU NEED TO DO FOR US

▪ Sign retainer agreement

▪ Homework- gather documents or (complain, talk to wits, keep log of events, etc.)

▪ Follow-up by contacting us when/by: Give business cards!

o sending us the docs- fax or drop by originals

o adverse action taken after complaint

o making an appointment

DO YOU HAVE ANY LAST QUESTIONS about what happens next?

PLEASANTRIES- ESCORT OUT

REHASH/STEPS FOR FOLLOW-UP

1. Review impressions of case/client- “Wow! she’s really upset…” Something like that

2. Discuss possible hurdles of case- toughest issues

3. Discuss what each of us could have done better

4. Assign tasks

5. Chit chat- “On to the Fitzpatrick case”

LEAVE

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